Lawmakers taking second look at ‘second chance law’
Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.
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Judges to go to Oakland City for arguments
Indiana Court of Appeals judges Melissa May, Michael Barnes and Terry Crone will hear a convicted murderer’s appeal for post-conviction relief at Oakland City University Oct. 19.
COA: Judge erred in giving jury instruction
A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.
Appellate court reverses summary judgment for insurer
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
Appellate court tackles child support issues
In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.
Judges rule against hospital in fee suit
Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).
COA chief judge receives Antoinette Dakin Leach Award
Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.
Guidance offered on incarcerated parents’ attendance at termination hearings
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
Justices take FSSA reimbursement case
The Indiana Supreme Court has granted transfer to a case in which the Indiana Court of Appeals ordered a state agency to pay a long-term care facility after the agency terminated its contract with the facility.
SCOTUS won’t take Indiana bar exam case
The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.
TV drug court raises ethical concerns
Reporter Jenny Montgomery writes about a new TV drug court.
Rule revision aims to broaden use of limited scope representation
The Indiana Supreme Court revised the Indiana Rules of Trial Procedure to allow pro se litigants and other potential clients to use limited scope representation more often and without some of the restraint they’ve had in the past.
Deadline approaching for criminal justice grant
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
COA affirms jury’s rejection of insanity defense
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
‘Best Practices’ will not advance to rulemaking stage
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
Attorney must register as a sex offender
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
New bankruptcy rules effective Oct. 11
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
COA: Remonstrators didn’t request timely stay of annexation
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.